The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-04
An Utterance From the Court Al.
most Unparalleled II Tenn
per and Tone.
A THREAT TO SEND THE ATTOR.
NEY TO The wORKaOUsE.
Tho Bar VERY Indignant and the
Judges Friends Very Much
Nonplussed.
HECONCLUDEs TO TAKE NIGHT
FOR REFLECTION.
what He VIII do Next the All Alb
sorbIDg Topic OF Dis
cussiOn.

ground out sensation, the character
and like Of which have not been known
In Memphis for many years. II was,
In fact, one that the entire country
could revel In an novel beyond com.
prshsnsion. 1t fell like thunder
bolt, and for an hour or two created
intense excitement among all classes Of
spectators, especially the lawyers, about
twenty Of whom were present..
At the opening Of the court for the
second days consideration OF the
pleas In abatement, introduced by
President Hidden, the spectators
were rather few and Ear between.
They gradually increased, however,
and before Judge Walker, counsel for
the defense. closed his argument the
room was compactly crowded. At
torney General Peters, who appeared
rather late, announced that he WAS In
no condition, ply sicslly, to speak on
the pleas and therefore declined.
Judge DuBoss suggested that withou.
intending disrespect 10 counsel, II oc.
Cured to him that the case had been
fully discussed and that further argu.
ment was unnecessary.
JUDGE WALKIp
said Il was q case OF great importance
to the defense and all parties concern
Cd, and he would like 10 answer the
points made by the State. Judge Du.
bose intimated that he wonld like TO
hear Judae Walker on the legal pro.
positions In The case, especially the
power OF the court In the formation Of
petit and grand ,ries. The court
desired 10 be enlightened on that
point, and also 40 10 the point where
the court becomes q witness. In rely
10 the latter poin, Judge Walker cited
Section 1861 Of the code, which reads
that - Judge OF Q court 10 q COZ petent
witness for either party In any case
tried before him either In q civil or
criminal case" Ia discussing the
section Judge Walker said; In such
q case who shall presided who sba |
decide nc 10 the com potency OF the tes.
timonyf who shall decide the legal
questions that come up7 All these
questions increase the difficulties In
the case and support our theory that
your honor ehonld 70 isye rs OF this
a IN a.,llw ~ aat .ifttu. a., tk. 90.
In our opinion the statutes and Consti-
tulion 81 the State OF Tennessee
di,qualiiy your honor from sit
ting In the case. This 10 q case of ap.
p, al 10 your honor's judicial intelli.
gsnce aud impartiaiIy: an appeal
from your honor 10 your honor.
Oounssl quoted from Chitty's prac;ice
TO the poiot, that the greatest delicscy
Ia constantly en- ,rcised In csses where
he might be- influenced by bias. In the
cass Of Rsams against Carnes, 9th
Caldwell, ths Supreme Court OF Ten.
nessee touched upon the question, q
case whore the chancellor mad been
Of counsel In tho original case. Toe
question was 40 10 the Chanc sllor't
qualification. The court In that cfs
committed itself 10 the theory that Z
Judge should not cit In q case where I
pr,conceived opinion IL involved, and
warn us Of the feet thst judges "a ever
grade are but human, subject 10 bs
swsyed by the same passions ane
pref idlces tina, u fuence other men
Were the Law otherwise judicial on
GERS wopld be exposed 10 thousans
surmlses and suspicious, which
whether Just or unjust, would weaker
the power OF the law itself an,
tend 10 corrupt the channels OF II
"impartial administration"
Counsel then stated that be woul,
not review wha. Gen. Wright said
but would condns himself 10 reply q
tho State and endeavor 10 meet the Al
gument presented by that side yesteI
day. Bat the suggestion occurred Il
him. supposing judgment Il pronouns
ed against the defendant, the latter o
q motion for q new trial would be on
titled 10 an impartial review Of III
case by your honor. How could you
honor do that, u, 40 sworn by the d,
fsudant, your honor has already form
ed a conviction1 What IL the reasp
why q indse cannot slt where he hs
b,en OF COUNSEL Novbecauss Of p,
cunisiy interest, but because he mul
start upon the trial OF the cave viii
: out an opinion. The attitude 81 couI
, sci In this case 10 one Of inspect 10 th
conrt, and l am amszed nj the exir
o dlnary proposition announced b
opposite counsel yesterday that v
, we're seeking 10 drive your hout
from tho bench. Counssl iav the sis'
appealed 10 your honor's paseio
! aud made the en- raordinary announce
: ment that u your honor decline
10 cit on the case, II will expo
. you 10 the contempt Of future seneri
tons, when, In fact and In truth, v
} simply ask your honor 10 search yot
= honor's mind and say whether 20
!. are qualified In this case. OF tho tw
8 our attitude u more respectful o. III
I court than that Of counsel for III
other side. Counsel have done mo-
than this, they have assumed defsn,
: ants guilt and CHI irged him with eeel
. ing 10 svade justice. Who authorlE
. them 10 do thar l deny counsel
I right 10 msks such an assertion whs
} not hne Of testimony has been heal
! In the case. Such are the appeal
not arsuments, with which yol
: honor has been entertained.
Now 90 10 interest, the statute do
} not mean peouniary interest So
, posing your honoi's brother vi
! muir iered, could your honor Z
. Ia the o0eI You would n
! be o party In the case, you Won
have no pecuniary ints rcst In A. v